In April of 2021, the New York City Department of Buildings announced five bills and sweeping updates to New York City Construction Codes related to construction
NEW CONSTRUCTION SAFETY LEGISLATION
This addresses the five construction safety bills set forth by New York’s City Council. The New York City Council as well as the DOB classified the proposal and enactment of the following bills as an
effort to continue the reduction of injuries and fatalities on construction sites within New York City.
Intro. No. 2278: Licensing of General Contractors:
This bill requires that all general contractors within New York City obtain a license through the DOB. This would prohibit any person purporting to be a general contractor from performing work unless
approved through the licensing process of the DOB. To become a licensed general contractor there two requirements to be met.
First, the applicant must possess a Site Safety Training Supervisor card. Second, the applicant must demonstrate their experience in one of three
2.1. Has received, at minimum, a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building
construction/demolition or a degree deemed substantially similar by the department and has at least one year of practical field experience in general construction on buildings; or
2.2. Has a total of at least five years of practical experience working in a construction industry related field, at least three of which shall have been in general construction on buildings,
and the balance shall have been in or relating to engineering, architecture, construction/demolition supervision, or construction/demolition project management, or functions deemed substantially similar by the department; or
2.3. Is a New York State licensed Professional Engineer (PE) or Registered Architect (RA) in good standing with the state of New York and with the city of New York for a minimum of three years
immediately prior to application.
See Intro. No. 2278 at N.Y.C. Admin. Code §
Under this legislation, a licensed general contractor would be responsible for all work performed under any permits that were issued under their license, and for all associated work, which includes work
performed by a subcontractor. See Intro. No. 2278 at N.Y.C. Admin. Code § 28-418.6. It must be highlighted that under this legislation the DOB would have the authority to pursue disciplinary action against the licensed general contractor, including the suspension or revocation of a general contractor’s license, if necessary.
Intro. No. 2278 would amend the following local laws: Section 28-105.5.1 of the Administrative Code of the City of New York; Section 28-401.3 of the Administrative Code of the City of New York; Section
28-401.15 of Title 28 of the Administrative Code of the City of New York; Item 15 of Section 28-401.19 of Title 28 of the Administrative Code of the City of New York; Article 418 of Title 28 of the Administrative Code of The City of New York. Further, Intro. No. 2278 repeals Section 28-401.19.4.2 of Title 28 of the Administrative Code of the City of New York and Article 420 of Chapter 4 of Title 28 of the Administrative Code of the City of New
This local law will not take effect until three (3) years after its enactment.
A full copy of Intro. No. 2278, as well as a summary of the amendments, can be found here.
Intro. No. 2263: Requiring DOB Licensed Safety Professionals on Major Construction Work Sites – Expanding the Requirement to Include Buildings Between Seven through
Prior to this legislation, the New York City Building Code defined “major building” as a construction site involving an existing or proposed building of ten (10) or more stories or 125 feet (38 100 mm) or
more in height. This legislation would amend the definition of a “major building” within the New York City Building Code. Specifically, the amended definition would lower the threshold to seven (7) stories and above or 75 feet (22 860 mm) or more in height. The enactment of this legislation would trigger additional site safety requirements at more construction sites. This change would require full-time DOB Licensed Site Safety Coordinators or Site Safety Managers for projects
that involve existing or proposed buildings that are more than seven (7) stories or 75 feet (22 860 mm) or more in height. Further, this would require contractors to submit their Site Safety Plans to the DOB for review and approval before work may commence in buildings meeting these criteria.
Intro. No. 2263 amends Section 3302.1 of Chapter 33 of the New York City Building Code.
This local law will not take effect until three (3) years after it becomes law. Further, it will apply to any permit issued or renewed on or after such
A full copy of Intro. No. 2263, along with a summary of the amendments, can be found here.
CONSTRUCTION CODE REVISIONS
For the first time since 2014, there are proposed updates to the current Administrative, Plumbing, Building, Mechanical, and Gas Codes. The revisions were drafted by various committees made up of
technical experts, including, but not limited to, engineers, architects, attorneys, planners, tradespeople, representatives of the construction industry, labor, representatives of the real estate industry, utility companies, and DOB and interagency stakeholders.
We have highlighted a few of the updates that apply to our field.
Building System Construction and Inspection Enhancements
The proposed code revision would require smoke tests for special gas vents to ensure the safety of building occupants. The revision would further require all pipes, tubings, and fittings in a
mechanical system to comply with the applicable referenced safety standard.
In total, there are 627 new (or expanded) revisions to the existing codes along with thousands of minor changes. This update strives to align the New York City Construction Codes with national safety
standards and technical advancements since the last revision cycle. Once enacted, the various changes and revisions to the New York City Construction Codes would go into effect the following year. To assist in the transition period, the DOB intends to conduct training and outreach regarding the comprehensive updates once implemented.
If you would like to see all of the updates, click here.
Disclaimer: The services provided by New York Engineering Associates, P.C., its officers, managers or employees are non-legal services. As such, the protection of the attorney-client relationship does not exist with respect to the services provided. The information contained in the above Newsletter is the opinion of the writer and his/her interpretation of the
various NYC Construction Codes, NYC Department of Environmental Protection, NYS Department of Environmental Conservation and/or other Laws referenced therein. It is also based on information that we have been provided. Although every effort was made to provide for a complete and thorough analysis, neither New York Engineering Associates, P.C., nor any of its officers, managers or employees guarantees the accuracy of any information contained herein. Reliance upon the information contained herein
is entirely at your own risk. As this opinion is only for advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of said codes.
Copyright @ 2018. All Rights Reserved.
New York Engineering Associates, P.C., 270 Spagnoli Road, Ste.204, Melville, NY 11747